AGO 1990-028.

• Case Date: August 24, 1990
• Court: Connecticut

Connecticut Attorney General Opinions 1990. AGO 1990-028. August 24, 1990Opinion No. 1990-028Honorable John F. HealyChairmanDepartment of Liquor ControlState Office Building165 Capitol AvenueHartford, CT 06106Dear Chairman Healy: This is in response to your request for an opinion on the question of whether a police commissioner1can be licensed to hold a liquor permit as a permittee or backer under Conn. Gen. Stat. e§30-45. For the following reasons, we believe that a police commissioner cannot be so licensed. Persons in certain law enforcement posts have been prohibited from holding liquor permits since the repeal of prohibition in 1933. See Conn. Gen. Stat. (1933 Sup.) e§702b. In 1943, the Connecticut General Assembly specifically prohibited policemen and policewomen from holding a license. 1943 Conn. Pub. Acts No. 43-183, Sec. 3. Since 1945, the statutes have prohibited "any ... member of any police force" from holding such a license. See 1945 Conn. Pub. Acts No. 45-417, Sec. 5. This prohibition is presently codified in Conn. Gen. Stat. e§30-45, which provides as follows: The department of liquor control shall refuse permits for the sale of alcoholic liquor to the following persons: (1) Any sheriff, deputy sheriff, constable, judge of any court, prosecuting officer or member of any police force, (2) any first selectman holding office and acting as a chief of police in the town within which the permit premises are to be located, and (3) any person not of legal drinking age. This section shall not apply to out-of-state shippers', boat and airline permits. As used in this section, "legal drinking age" means the age of majority as defined in section 1-1d or the legal drinking age as defined in this chapter, whichever is greater. Conn. Gen. Stat. e§30-45. The question which you pose has been asked and answered three times in the past. The first time the question arose in 1944, the statute was phrased so as to prohibit any "policeman" or "policewoman" from holding a license. This office then opined that it was doubtful that a police commissioner could be considered the same as a policeman or policewoman subject to this statutory bar. Nevertheless, police commissioners were described as a "member of the municipal police department", and their function was described as incompatible with the role of liquor licensees for the following...